All appeals by the Defendants are dismissed.

1. In light of the summary of the grounds of appeal in this case, the sentence imposed by the court below against the Defendants (the imprisonment of eight months for Defendant A, the fine of five million won for Defendant C, and the fine of five million won for Defendant D) is too unreasonable.

2. Determination

A. Although there are favorable circumstances, such as Defendant A’s violation of his mistake, Defendant A’s business of an illegal game room, such as the crime of this case, requires a strict punishment of social harm, such as encouraging the gambling spirit of the general public and causing the failure of home economy. Defendant A is not short of the period of participation in each game of this case, and the degree of participation is more severe; Defendant A’s business type of each game of this case is organized and the size of each game of this case is not small; Defendant A has the same criminal history; Defendant A has the same criminal history; and all other circumstances constituting the conditions for sentencing, such as Defendant A’s age, character and behavior, living environment, motive, means and consequence of the crime; and the circumstances after the crime, etc., the sentence of the court below is too unreasonable.

B. Defendant C and D are against their mistake, and there are favorable circumstances, such as the absence of the same kind of criminal records, and the degree of participation. However, the illegal game room business, such as the instant crime, need to strictly punish the illegal game room business with a very high social harm, such as promoting the gambling spirit of the general public and causing the failure of home economy. In full view of all the circumstances that are the conditions for sentencing, including Defendant C and D’s age, character and conduct, living environment, motive, means and consequence of the crime, etc., the sentence of the lower court is too unreasonable.

3. As such, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.